Keep Current: A review of provincial Section meetings.

by Trisha Jewison

Section News
Don’t forget to enrol in Sections for 2010/11! For enrolled CBA members, more detailed information and available minutes from the Section meetings are online at www.cba.org/bc in Sections under Professional Development.

Sections and Forums are used to meet the educational and professional needs of lawyers while enhancing legal expertise with the latest developments in case law, legislation and practice trends. Sections and Forums provide CPD credits, knowledge and networking.

Only CBA members can enrol and every member receives their first Section or Forum enrolment for free. Students/Articling Students receive their first three Section or Forum enrolments for free. Additional Section and Forum enrolments are $40 + HST per Section. For inquiries about Sections and Forums enrolments please email sections@bccba.org.

Labour Law Meeting: May 7, 2010 Speakers: Gavin Hume, QC, Stan Lanyon, QC and Bruce Laughton, QC (photo L-R) Topic: Ethical Issues Arising in the Practice of Labour Law		Administrative Law-Vancouver Meeting: June 15, 2010 Speaker: B.C. Ombudsperson Kim Carter and Barbara Buchanan, Chair (photo L-R) Topic: The Ombudsperson and Civil Society: A B.C. Perspective
Employment Law Meeting: May 25, 2010 Speakers: The Honourable Bruce M. Greyell and Allan E. Black, QC (photo L-R) Topic: Tips for Effective Advocacy before Administrative Tribunals/Boards		International Law Meeting: May 26, 2010 Speaker: Gib van Ert Topic: Using International Law in Canadian Courts

Labour Law
Mr. Laughton began a discussion on undertakings. He explained how they are often used too freely by lawyers and that lawyers should be more reluctant to give them. Further, that prior to giving an undertaking, a lawyer must ask themselves whether an undertaking is actually necessary in the circumstances.

Mr. Lanyon talked about the legal framework of mediation and explained that the Legal Profession Act does not require mediators to be lawyers.

Mr. Hume noted that there is an obligation to treat other members of the Bar in an appropriate and good faith manner. Additionally, the candid and courteous treatment provided to the court must also be carried over toward members of administrative tribunals, which is not always the case. Mr. Lanyon echoed the latter point as it relates to the Labour Relations Board. He went on to add that you will not always remember the cases that you won or lost, but you will always remember how you were treated by the other side.

Administrative Law-Vancouver
On June 15, 2010 B.C. Ombudsperson Kim Carter addressed the members of the Administrative Law Section in Vancouver. Ms. Carter discussed how the oversight by her office (renamed in 2009 during its 30th anniversary) has grown to be the most expansive in Canada, now including local governments, school and school boards, health authorities, professional associations and colleges and universities. The Ombudsperson remarked how her office, with a jurisdiction that was very broadly defined by the Supreme Court of Canada in the 1984 landmark BCDC decision, helps ensure that the administrative practices of provincial and local public agencies are fair and reasonable, thereby providing an alternate route to justice in B.C.

Information about the Ombudsperson Office as well as all special and annual reports can be found at www.ombudsman.bc.ca.

Employment Law
At the recent Employment Law Section meeting, The Honourable Bruce M. Greyell and Allan E. Black, QC presented “Tips for Effective Advocacy before Administrative Tribunals.” Justice Greyell and Mr. Black discussed some of the key distinctions between appearing in court versus before an administrative decision-maker. In addition, they emphasized practice points that are important to observe in both forums.

Among the great tips presented at this meeting, the guest speakers reminded the audience of several key aspects of effective advocacy generally.

Justice Greyell and Mr. Black also noted that many litigation practice points are equally applicable regardless of forum. A good advocate is able to focus on the main issues and be concise and to the point. Respect, politeness and consideration between counsel is fundamental before any decision-maker.

The meeting capped off a great year of great topics and speakers for the Employment Law Section. If members have topic suggestions for the upcoming 2010/11 term, they are encouraged to contact Eleni Kassaris, Section Chair at eleni.kassaris@blakes.com.

International Law
On May 26, the International Law Section hosted a professional development session at Davis LLP on the use of international law in Canadian courts. Gib van Ert of Hunter Litigation Chambers provided attendees with an explanation of the various means by which international law influences Canadian law and judicial decisions. He explained that Canadian treaty obligations were only part of Canadian law after implementation by Parliament or the appropriate provincial legislature, but that that rule was often difficult to apply given the varied forms that legislative implementation often takes. This was contrasted with customary international law, which is automatically part of the common law. Noting the declining influence of customary international law, Mr. van Ert suggested that the most powerful use of international law in Canadian courts may be found in the presumption of conformity – that is, a presumption of statutory interpretation that our law will be interpreted to conform with international law unless a contrary interpretation is unavoidable.

Using the CBA PD Tracking Tool The Professional Development Tracking Tool is available to CBA members exclusively as a benefit of membership and can be found at www.cba.org/pd. Attendance at CBABC Professional Development and Section meetings are added to the Tracking Tool after the meeting has completed and sign-in sheets have been returned. The Hours Attended field will be defaulted to 0.00. Members can follow the Edit link to the Events Detail page to amend the hours attended. The number of hours accredited for the meeting will be provided as reference on this page. Members can also use the PD Tracking Tool to keep track of non-CBA events. On the Law Society of B.C. website, Section meeting attendance is recorded under the individual Section rather than by topic. Search for the Section under which the hours should be applied, and use the course dates of January 1, 2010 to December 31, 2010. PD Seminars can be found by the title and date of the seminar. For more information on how to report your Professional Development hours go to www.cba.org/bc/pd/main/report_hours.aspx.

This article was published in the August 2010 issue of BarTalk. © 2010 The Canadian Bar Association. All rights reserved.